- Article 1 - Definitions
- Article 2 - Identité de l'entrepreneur
- Article 3 - Scope of Application
- Article 4 - Offers
- Article 5 - Agreements
- Article 6 - Right of cancellation where products are delivered
- Article 7 - Costs in the event of cancellation
- Article 8 - Reclusion of right of cancellation
- Article 9 - The price
- Article 10 - Conformity and warranty
- Article 11 - Fulfilment and delivery
- Article 12 - Payments
- Article 13 - Complaints Procedure
- Article 14 - Use of personal data
- Article 15 - Responsibility
- Article 16 - Intellectual Property
- Article 17 - Disputes
Article 1 – Definitions
The following terms bear the meaning assigned to them for the purposes of these general terms and conditions:
- Scandale (HK) Limited (hereinafter also referred to as ‘Scandale’) – the legal entity which sells products to consumers at a distance;
- consumer: (hereinafter also referred to as ‘you’) – a natural person who does not act for the purposes of practising a trade or profession, or running a company, and who enters into a distance agreement with Scandale;
- distance agreement – an agreement pursuant to which Scandale only uses one (1) or more distance communication technologies as part of a system that it organises for the sale of products at a distance through to the conclusion of that agreement;
- distance communication technology – a means that is used for the purposes of concluding an agreement without you and Scandale simultaneously coming together in the same space;
- cooling-off period – a period during which you may exercise your right of cancellation;
- right of cancellation – your entitlement to end a distance agreement within the cooling-off period;
- day – calendar day;
- supply agreement – a distance agreement covering a series of products in respect of which the duty to effect delivery and/or procurement is spread over time;
- sustainable media – any means that enables Scandale to store information addressed to you personally in a manner which makes it possible to consult the stored information in the future and to reproduce it without modification.
Article 2 – Details of Scandale (HK) Limited
Scandale (HK) Limited
Having its registered office in Hong Kong, and its place of business at,
46/F Lee Garden One
33 Hysan Avenue Causeway Bay
Telephone number: +852 3997 9531
Email address: firstname.lastname@example.org
Business Registration number: # 71973046
VAT identification number: BE 0769664217
Article 3 - Scope of application
- These general terms and conditions shall apply to any offer made by Scandale and to any distance agreement concluded between Scandale and you. If you are under the age of 18, you must have the permission of your parent or legal guardian to make purchases.
- The text of these general terms and conditions shall be disclosed to you on the Scandale website before any distance agreement is concluded.
- Contrary to the foregoing clause, in the event that a distance agreement is concluded by electronic means, the text of therefundse general terms and conditions may be provided to you in electronic form before that distance agreement is concluded in such a manner that it is possible for you to store them easily on sustainable media. Should it not be reasonably possible to do so, before a distance agreement is concluded, you will be notified as to where you may familiarise yourself with these general terms and conditions in electronic form, and that they will be sent to you free of charge by electronic means or in some other way.
- Scandale at all times reserves the right to amend these general terms and conditions, subject to the proviso that the new general terms and conditions shall not apply to any agreement that has already been concluded and shall not apply before Scandale publishes them on this website.
- Scandale is entitled to change the information on this website, including the text of this terms and conditions, at any time and without prior announcement. We therefore advise you to check regularly whether the information on this website has been changed.
Article 4 - Offers
- In the event that an offer has a limited term of validity or is made subject to conditions, this shall be explicitly stated in that offer. All offers shall be made subject to the explicit condition that the relevant goods will only be delivered while stocks last.
- An offer shall contain a comprehensive and accurate description of the products that are offered. A description must be sufficiently detailed in order to make it possible for you to assess the relevant offer properly. Where Scandale makes use of illustrations, they shall truthfully depict the products and/or services that are offered. Scandale shall not be bound by any apparent mistakes or errors in an offer.
- Every offer shall contain the following information, so as to clarify what your rights and duties will be should you accept that offer. In particular, this shall include the price including any tax, any delivery costs, the manner in which the relevant agreement will be concluded and what action is required for that purpose, whether a right of cancellation applies or not, the method of payment and delivery or in which the agreement is to be executed, the deadline for acceptance of the offer or the period of time during which the price will apply, whether the agreement will be archived following its conclusion, the manner in which you may consult it, the way in which you may familiarise yourself with any action to which you object before an agreement is concluded, and also the manner in which you may remedy this before an agreement is concluded.
Article 5 - Agreements
- Subject to the provisions of Clause (4) an agreement shall be concluded at such time as you accept the relevant offer and any conditions that are stipulated in this respect are satisfied.
- In the event that you accept an offer by electronic means, Scandale shall immediately confirm its receipt of your notice of acceptance of the offer by electronic means.
- In the event that an agreement is concluded by electronic means, Scandale shall adopt appropriate technological and organisational measures to secure the electronic transmission of data and it shall ensure the existence of a secure web environment. Should you make payment by electronic means, Scandale shall adopt appropriate security measures.
- Scandale shall disclose the following information to you along with the relevant product, so as to ensure that it can be consulted and stored on sustainable media in a manner that is easily accessible on the Scandale website: (a) the Scandale contact details and email and postal addresses which you can use to lodge a complaint; (b) the conditions subject to and the manner in which you can exercise your right of cancellation or a clearly legible notice precluding such right of cancellation; (c) information concerning existing after-sales service and any warranty; (d) the information stipulated in Article 4(3) of these general terms and conditions, unless Scandale had already provided that information to you before the relevant agreement was executed.
- In the event that Scandale undertakes to supply a series of products or services, the provisions of the foregoing clause shall only apply to the first delivery.
Article 6 – Right of cancellation where products are delivered
- In the event that you purchase a product, you shall be entitled to cancel the relevant agreement without citing any grounds for doing so within no less than thirty (30) days. This period shall commence on the day after the relevant product is received by you or on your behalf.
2. You will treat the product and its packaging carefully throughout this period of time. You may only unpack and use the product in so far as is necessary for the purposes of assessing whether you would like to keep it or not. In the event that you exercise your right of cancellation, you will return the product and any accessories that have been supplied to Scandale in its or their original condition, original packaging and original tag – if it is reasonably possible to do so – in accordance with any reasonable and clearly legible instructions issued by Scandale.
Article 7 – Costs in the event of cancellation
- In the event that you exercise your right of cancellation, you shall only be liable for the costs of return.
2. In the event that you have already paid an amount, Scandale shall refund it as soon as possible but by no later than within the fourteen (14) days following the return or cancellation.
Article 8 – Preclusion of right of cancellation
- Where you do not have a right of cancellation, Scandale shall clearly state this in the relevant offer or at any rate before an agreement is concluded.
Article 9 – The price
- The price of any product that is offered shall not be raised during the term of validity mentioned in that offer subject to any price increase due to a change in the VAT rates.
2. Any price increase which occurs within three (3) months after an agreement has been concluded shall only be permitted if it is due to any legally stipulated procedure or provisions.
3. Any price mentioned in an offer of a product shall be inclusive of VAT.
Article 10 – Conformity and warranty
- Scandale warrants that the relevant product will comply with the agreement concerned, the specifications stipulated in the offer in question, any reasonable requirements of proper workmanship and/or usability, and/or the relevant legal provisions and/or government regulations applicable on the date on which the agreement is concluded.
2. Any arrangement presented by way of a warranty by Scandale, the manufacturer or importer shall not affect the rights and duties that you may enforce in relation to Scandale under the law and/or pursuant to the relevant distance agreement in respect of any failure on the part of Scandale to comply with its duties.
Article 11 – Fulfilment and delivery
- Scandale shall exercise the greatest possible care when an order is fulfilled and receipt is taken of a product.
2. The address that you disclose to Scandale shall be deemed to constitute the place of delivery.
3. Subject to what is stipulated in this respect in Article 4 of these general terms and conditions, Scandale shall fulfil any order that it accepts expeditiously but by no later than within thirty (30) days. In the event that delivery is delayed or it is impossible to fulfil an order or only part of it, you shall be notified of this by no later than within thirty (30) days after you have placed that order. In such a case you shall be entitled to cancel the relevant agreement without incurring any costs.
4. In the event of cancellation in accordance with the foregoing clause, Scandale shall refund the amount that you have paid as soon as possible but by no later than within thirty (30) days following such cancellation.
5. Scandale shall bear the risk of any product being damaged and/or lost until such time as it is delivered to you.
Article 12 – Payment
- In so far as is not otherwise agreed, you shall be required to pay any amount due from you by means of a credit card or online bank transfer, before Scandale accepts your order.
2. You shall have a duty to notify Scandale of any inaccuracy in any payment details that are supplied or mentioned.
Article 13 – Complaints procedure
- Scandale has a complaints procedure that has been adequately disclosed and shall deal with any complaint in accordance with that complaints procedure as set out on its website.
2. Any complaint concerning the execution of an agreement must be comprehensively and clearly stated and must be submitted to Scandale by email or in writing in due time after you notice any defect. The relevant contact details are mentioned on the website and in Article 2 of these general terms and conditions.
3. A reply shall be provided to any complaint that is submitted to customercare@Scandale.com as soon as possible but by no later than within a period of fourteen (14) days as of the date on which it is received. Where it can be foreseen that a longer period of time will be required to deal with a complaint, Scandale shall reply to it within a period of fourteen (14) days notifying you of its receipt and providing you with an indication as to when you may expect a more detailed answer.
Article 14 – Use of personal data
- Scandale informs its Customers that by placing an order on the Website, the registered data thereof will be used by Scandale :
- for order processing,
- to inform the Customer of news and upcoming events through newsletters
- and in order to make commercial offers and marketing campagins
During the entry of personal data in the Website and previously to their collection, every Customer is given the opportunity to agree to receiving information relating to Scandale ’s. In case of agreement from the Customer, Scandale will forward the collected personal data to its partners provided the Customer has previously agreed thereto.
For any additional information on individual-related data, the Customer is invited to check the Data Protection Policy (cf LINK).
Article 15 – Responsibility
Scandale does its best to make sure that there are no errors in the information on the website (including all the product information contained in it). Unfortunately, we cannot guarantee this. Scandale is not liable for ‘obvious’ errors or typing errors. These are errors that every consumer can recognise as such. Have you come across any? We’d appreciate it if you’d let us know. Please send your email to email@example.com
Scandale is not responsible for a non-performance of the contract in the following cases:
- stock shortage or unavailability of the Product,
- perturbation, partial or total strike notably of the mailing services or transport and/or communication means.
- flooding, fires, any case of force majeure and any other unforeseeable event independent from Scandale.
Hypertext links may redirect to websites other than the present Website. Scandale is not responsible for the content and functioning of these websites linked in the present Website, as well as for any damage of any nature that the Customer may suffer when visiting these websites. Scandale is not responsible if the content of these websites is not in conformity with legal or regulatory terms.
Moreover, Scandale is not responsible for:
- the impossibility to reach the Customer Service and/or to access the Website,
- non-substantial errors relating to the Products,
- any interruption of the Website, computer error, damage resulting from a fraudulent intrusion of a third party leading to a change in the information available on the Website,
The use of the present Website implies the acknowledgement and acceptance by the Customer and/or Visitor of the characteristics and limits of the Internet and the technologies related thereto, the lack of protection of certain data against potential diversion or piracy and risks of contamination through potential viruses circulating in the network. Scandale is not responsible in case of a bad use or incident related to the use of the computer, Internet access, maintenance or malfunctioning of the servers, telephone line or any other technical connection, and forms sent to a wrong or incomplete address, any computer errors or defects detected on the Website.
Article 16 – Intellectual Property
The use of the Website is reserved exclusively for a personal use.
In accordance with the laws regulating intellectual property, the present Website and all its components, such as sounds, images, graphic elements, photos, videos, texts, animations, programs, graphic chart, utilitarian data bases, software, and other related technology, as well as trademarks, designs, models, logos, etc. displayed on the Website as well as their compilation are the exclusive property of Scandale or potentially one of its suppliers or partners, who do not grant any license, nor any right other than that of browsing the Website.
Any whole or partial reproduction, amendment or use of any element of the website and notably of trademarks, illustrations, images and logotypes, for any purpose and on any medium whatsoever, without the express and previous agreement of the company Scandale, is strictly prohibited. The same is applicable to any combination or convergence with any other trademark, symbol, logotype and generally any distinctive sign destined to form a combined logo, to the exception of the descriptive logos and signs belonging to the trademarks displayed on the Website. The same applies to all copyrights, designs and models, patents that are the property of the company Scandale.
Consequently, Scandale may start lawsuits, notably for intellectual property rights infringement, against any person that, directly or indirectly, infringes its rights.
Scandale prohibits affixing a deep hyperlink directing to the Website or a hyperlink that uses the technique of transclusion. A user that wishes to affix on its personal Website a simple link directly to the home page of the Website, must compulsorily ask for previous express authorization from Scandale.
Article 17 – Disputes
- Any agreement between Scandale and you which is governed by these general terms and conditions shall be solely governed by and construed in accordance with the law of the Hong Kong. Any dispute shall only be brought before a competent court of law in Hong Kong for adjudication.
Version: 0.90 14/9/2021 Scandale (HK) Limited